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Caffix Records: K'an Ajaw

Brazilian legislation to outlaw and punish the use and abuse of DRM

Brazil, the future has prompted legislative reform of copyright law that breaks the protection and sanction dogmatism that protects the DRM. It does this by establishing sanctions for blocking access by the DRM, a public domain or abuses of the "rights" of copyright.

The Brazilian proposal coincides with the line established by the Supreme Court of Canada stated several years ago that too much protection is as bad as a little protection. Something that strikes, for example, U.S. law which prohibits "circumvent" DRM systems even when not copyright protected.

In the Brazilian version of the law, by contrast, penalizes abuse of measures to protect copyright. In particular Article 107 says:

The same penalty shall apply, without prejudice to other penalties provided by law, who, by any means:

a) hinders or prevents authorized use by arts 46, 47 and 48 of this Act [which deals with the limitations and fair dealing copyright] or

b) hinders or prevents the free use of works, the transmission of phonograms and broadcasting in the public domain.

The UN requires countries to adopt laws to ensure the safety of DRM regardless of whether or not violate any copyright or restrictions on copying. Brazil has broken with this doctrine inspired by the Digital Millennium Copyright Act

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